Goodman Ray were pleased to be instructed by the IAFL to intervene and assist the Court of Appeal in LB Hackney of Hackney v P & Otrs (Jurisdiction: 1996 Hague Child Protection Convention) [2023] EWCA Civ 1213
The IAFL were given permission to make written submissions which were prepared by counsel Jacqueline Renton, Charlotte Baker and Frankie Shama, all of 4PB.
The Court of Appeal was considering issues relating to the application and scope of the 1996 Hague Convention in respect of children who are the subject of public law proceedings.
This case has clarified the relevant date for the purposes of assessing habitual residence under Article 5 of the 1996 Hague Convention, as being the date the proceedings are commenced, and the that court must make an assessment of habitual residence to determine jurisdiction at the outset if the case and the court must be satisfied that it retains jurisdiction at the final hearing, recognising that a child can change their habitual residence during the course of the proceedings.
In respect of public law proceedings, the Court of Appeal has confirmed that they fall within the scope of the Convention and that for a child who is habitually resident in a non-contracting state but present in the jurisdiction here, the court is likely to have jurisdiction to make interim public law orders under Article 11 of the Convention.
